Bar Exam Toolbox Podcast Episode 313: Spotlight on Criminal Law (Part 3)
Podcast - Part I: Being an Expert Is a Lonely Business
Podcast: Don't Just Say It – Show It
Podcast - Finding Common Ground
Law School Toolbox Podcast Episode 504: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Podcast - "Ready for Trial?"
Bar Exam Toolbox Podcast Episode 311: Spotlight on Criminal Law (Part 1)
Bar Exam Toolbox Podcast Episode 310: Listen and Learn -- Accomplice Liability (Criminal Law)
The Future of Litigation: Adapting to the Era of Nuclear Verdicts
Podcast - Every Case Is a New World
Bar Exam Toolbox Podcast Episode 309: Listen and Learn -- Felony Murder and Causation (Criminal Law)
Podcast - The 3 Core Themes of Trial Law: Do the Right Thing
The 3 Core Themes of Trial Law: Tell Your Story
Podcast - The 3 Core Themes of Trial Law: Know Your Court
Podcast - Real Justice for Real People
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
There Is No Right Path
Mock Jury Exercises: Enhancing Litigation Strategy in Consumer Financial Services Cases — The Consumer Finance Podcast
Eyes on the Evidence: Powerful Legal Presentations – Speaking of Litigation Video Podcast
Podcast - How Did We Get Here?
Imagine an attorney going over her notes before oral argument. She already has a solid set of reasons lined up and then decides to add one more argument that has been a little controversial within the team: some like it, but...more
Parties must move for a directed verdict to preserve their right to request judgment notwithstanding the verdict (JNOV*) after an unfavorable verdict is returned. Friday’s batch of Supreme Court opinions includes a...more
Recent stats show an interesting trend in the U.S. Court of Appeals for the Fourth Circuit: oral arguments are held in just 13% of cases. This differs from other circuits like the D.C. Circuit, where almost 50% of cases get...more
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the frequently stated rule that an opening statement is intended to be only a summary of the facts, not an argument....more
In many federal courts of appeals, the statement on oral argument occupies a prime position in a brief. It is often the first substantive statement a judge reads. Yet so few advocates use this valuable “real estate” to...more
There are two theories fighting it out over what will happen once the pandemic fades. The first, — I’ll call it the “blip theory” — posits that we will simply go back to normal pre-pandemic times, with the lockdown’s...more
Holding its first mock oral arguments, the PTAB provided LEAP eligible participants with a unique opportunity to argue in front of PTAB judges. On August 7, 2020, mock oral PTAB hearings were held virtually with 40 LEAP...more
There is a new reality for appellate practitioners that is here to stay (for a while): oral arguments before the Law Court via Zoom. There are of course downsides to this new reality; I’m a firm believer that in-person...more
Less experienced patent practitioners may be granted additional oral argument time in front of the Patent Trial and Appeals Board (PTAB) with the Legal Experience and Advancement Program (LEAP). LEAP helps foster development...more
As fewer cases go to trial nowadays, judges have long been mindful of providing young lawyers with “stand-up” opportunities. For example, Judge William Alsup of the Northern District of California, in his Standing Order,...more
The key to successful oral advocacy is effective preparation. In this podcast, Carlton Fields attorneys Gary Sasso, Peter Webster, and Christine Davis discuss the importance of mock oral arguments in preparing for oral...more
As in the Michigan state court system, most of your time in a federal civil case will be spent on discovery, and most of your interaction with the court will be through motion practice. Different courts have different rules...more
I was fortunate enough to clerk for Judge David Hamilton on the Seventh Circuit Court of Appeals, and thus to observe his questioning at oral argument. I was struck by something that I noticed over time was a habit of his....more
The Appellate Court: An exciting forum of oral advocacy; a check on the process and the decisions of our trial courts; a second chance for parties to make their case; and a place where novel and important legal principles...more
Inoculation is a well known, persuasive technique. The idea is that, instead of waiting for your opponent to share a piece of information or lay out an argument, and then responding by showing that the information or argument...more
In 2017, Mexico’s congress approved a key amendment to its Federal Commercial Code. The amendment is now driving dramatic changes to the country’s trial process. One of those changes — a shift from written to oral proceedings...more